Christine M. Starrett v. Irven G. Starrett

2014 ME 112, 101 A.3d 435, 2014 Me. LEXIS 119
CourtSupreme Judicial Court of Maine
DecidedSeptember 18, 2014
DocketDocket Kno-13-251
StatusPublished
Cited by10 cases

This text of 2014 ME 112 (Christine M. Starrett v. Irven G. Starrett) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Christine M. Starrett v. Irven G. Starrett, 2014 ME 112, 101 A.3d 435, 2014 Me. LEXIS 119 (Me. 2014).

Opinion

SAUFLEY, C.J.

[¶ 1] Christine M. Starrett appeals from a divorce judgment entered in the District Court (Rockland, Worth, J.) and from an order granting in part and denying in part her post-judgment motion for additional or amended findings of fact and conclusions of law and to amend the divorce judgment. Christine’s primary contention is that the court erred or abused its discretion in its valuation of the parties’ privately owned business, Irv’s Drywall. Christine also challenges the court’s estimate of each party’s income and its decision related to the sale of the parties’ marital real estate. We affirm the judgment.

I. BACKGROUND

[¶ 2] The following facts are drawn from the trial court’s findings and from the record. Irven and Christine were married on December 6, 1980. They are both in their fifties. They have two children who are now adults and are not the subject of any dispute. The court found that the parties are “intelligent, hard-working individuals with many skills [who] have contributed equally to the acquisition of assets and debts.” After nearly thirty years of marriage, they separated in May 2010, and Christine filed a complaint for divorce in June 2010.

[¶ 3] The parties had a difficult separation. Christine obtained a protection from abuse order against Irven, and she was served with a protection from harassment *437 notice or order. Nonetheless, the parties, with the assistance of counsel, made efforts in advance of trial to resolve many of their disputes. Before the trial in November 2012, they agreed to sell some of their personal and real property, both marital and nonmarital, and to divide the proceeds. Additionally, from the time of their separation in May 2010 until March 2012, Irven paid Christine support ranging from $400 to $1,000 per week, totaling $93,000 by the time of trial.

[¶ 4] A significant portion of the remaining dispute centered on the value of Irv’s Drywall, a closely held corporation owned by the parties that Irven started and has operated since 1990 or 1991. Throughout their marriage, both Irven and Christine derived personal benefit from Irv’s Drywall, including payments for gasoline and cell phone bills for themselves and their children, use of the business’s supplies and equipment, and use of employees’ labor on their property. At its peak, during 2007 and 2008, the company was quite successful, employing thirty to forty employees and subcontractors, and recording gross annual receipts of over $2 million in each of those years. By the time of trial, Irv’s Drywall, affected like many businesses by the economic downturn, had reduced its staff to approximately sixteen employees and showed average annual gross receipts of just over $1.6 million from 2010 to 2012. The court determined that “[t]he evidence does not support optimism now that the corporation business will return to its pre-downturn profitability.”

[¶ 5] In preparation for trial, the parties jointly hired an expert to calculate the value of Irv’s Drywall. The expert testified at trial that, as of March 31, 2012, the fair market value of the company was approximately $392,000 based on the eapitali-zation-of-earnings method. Both parties disagreed with the expert’s opinion. Christine testified that Irv’s Drywall was worth at least $450,000, and Irven testified that he would sell it if offered $200,000.

[¶ 6] The court entered a divorce judgment on February 28, 2013. It rejected the expert’s opinion, finding that “his testimony on the value of an owner-operated small sheetrock corporation in rural Maine was sufficiently qualified that the [cjourt does not rely on it for value proof here.” The court also rejected Christine’s estimate of $450,000 because it “appeared to be strategic rather than supported by the evidence.” Noting the company’s large amount of debt, the court found that “[t]he persuasive evidence does not support a conclusion that, in this economy, the business has sale value or fair market value.” The court then undertook an abbreviated liquidity assessment and found that the company’s “business debt appears, thus, to be equal to or more than the value of business assets including accounts receivable and equipment as of the date of the expert’s report.” Ultimately, the court found, “the evidence shows that the value of Irv’s Drywall, Inc., is Defendant’s continued ability and willingness to work as he has.” It awarded Irven all of the parties’ interest in the business, including its assets and real property, and made Irven solely responsible for the company’s debt.

[¶ 7] The divorce judgment also ordered the sale of the parties’ marital residence and camp, with any proceeds and debts equally divided between the parties. Irven was ordered to pay the mortgages on both properties, totaling over $5,000 monthly, 1 until they are sold. The court *438 also granted to Irven the sole authority to choose the listing realtor for both properties and ordered that, in the event that the parties coúld not agree on the listing and sale prices, Irven and the listing broker were to determine the prices based upon prevailing market conditions.

[¶ 8] With regard to the parties’ incomes, the court did not find credible Christine’s testimony that she was completely disabled and therefore unable to work. It found instead that, notwithstanding her short-term disability, Christine would be able to “regain her equilibrium” once the trauma of the divorce has passed and that she is capable of earning $50,000 annually. The court found that Irven is capable of continuing to operate Irv’s Drywall, through which he can earn $93,000 annually. It awarded Christine general spousal support in the amount of $1,000 per month until the sale of the residence, and $2,000 per month thereafter until the death of either party or until Christine’s remarriage or cohabitation that is equivalent to marriage. It declined to award transitional support because Christine had already received substantial amounts during the separation.

[¶ 9] Christine moved for findings of fact and conclusions of law, and to amend the judgment. See M.R. Civ. P. 52(b), 59(e). The court denied the motion except to clarify that its independent valuation of Irv’s Drywall took into account the business’s assets and accounts receivable as identified by the expert. Christine timely appealed.

II. DISCUSSION

[¶ 10] Because a review of the record demonstrates that the court’s factual determinations regarding the parties’ earning capacities are fully supported by competent evidence, we do not disturb those findings. See Bond v. Bond, 2011 ME 54, ¶¶ 10, 15, 17 A.3d 1219. We further conclude that the court did not abuse its discretion in granting to Irven the authority to facilitate the sale of the marital real estate. See St. Hilaire v. St. Hilaire, 526 A.2d 28, 29 (Me.1987); see also Levy, Maine Family Law § 7.7[1] at 7-52 (8th ed. 2013). We address here only the court’s factual findings and exercise of discretion in its valuation and distribution of Irv’s Drywall.

A. Valuation of Irv’s Drywall

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Bluebook (online)
2014 ME 112, 101 A.3d 435, 2014 Me. LEXIS 119, Counsel Stack Legal Research, https://law.counselstack.com/opinion/christine-m-starrett-v-irven-g-starrett-me-2014.